1. Existing Mining Operations. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit and receive city approval of a reclamation plan within two years from the effective date of the ordinance codified in this chapter for all mining operations conducted after January 1, 1976. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were lawfully conducted prior to, but not after January 1, 1976.

2. Reclamation Plan Review. Approved reclamation plans shall be reviewed by the planning commission at least every five years. It shall be the sole responsibility of the operator to submit a written request to the planning commission prior to the expiration of each five-year period. Operator shall provide the planning commission with ample evidence that compliance is being maintained with the provisions of the approved reclamation plan. The planning commission retains the right subsequent to reclamation plan review to modify the terms of any reclamation plan to assure continuing compliance with the local coastal program. Furthermore, the planning commission may consider and approve modification of any reclamation plan requested by the operator so long as it finds that the reclamation plan is in compliance with the local coastal program.

1. Existing Mining Operations. Existing mining operations are required to obtain a mining permit from the city in accordance with the requirements of this chapter within two years from the date of adoption of the ordinance codified in this chapter except as provided in subsection (B)(4) of this section.

2. Mining Permit Review. The planning commission shall review mining permits issued pursuant to this chapter every five years. It shall be the sole responsibility of the operator to submit a written request to the planning commission prior to the expiration of each five-year period. Operator shall provide the planning commission with ample evidence that compliance is being maintained with the local coastal program and the approved reclamation plan for the site. The planning commission retains the right subsequent to mining permit review to modify the terms of any mining permit required to assure continuing compliance with the local coastal program. Furthermore, the planning commission may consider and approve modifications of any mining permits so long as it finds that any such modification is in compliance with the local coastal program and reclamation plan.

3. Review Period Adjustment. It is the intent of the city to review mining permits concurrent with reviewing reclamation plans, whenever possible, for any individual mining operation. In order to assure that the city’s intent is realized the planning commission may permit reasonable adjustments in the timing of mining permit review.

4. Permit Limitations. No person who has obtained a legal vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a mining permit pursuant to the provisions of this chapter so long as such vested right continues; provided, that no substantial change is made in that operation except in accordance with the provisions of this chapter.

5. Mining Permit Revocation. Mining permits may be revoked by the planning commission following a hearing. Operator shall be notified in writing at least ten days prior to such hearing. Grounds for revocation shall be noncompliance with the provisions of this chapter, the approved reclamation plan, coastal development permit (if applicable) and the local coastal program (if applicable).

6. Notification of State Geologist. The State Geologist shall be notified of the filing of all permit applications.

7. Periodic Review. This chapter shall be reviewed and revised as necessary to ensure that it is consistent with the state policy for mined lands reclamation and the city’s local coastal plan and general plan.

1. Initial Submittal. Initial submittal of the reference base data shall be completed by existing operators within six months from the effective date of the ordinance codified in this chapter.

2. Subsequent Resubmittal. Updated reference base data shall be resubmitted to the planning department by January 1, 1984, and every January 1st thereafter.

3. New Mining Operations. New mining operations will be required to submit reference base data concurrent with the application for a mining permit and reclamation plan approval and shall also be required to resubmit updated reference base data every January 1st thereafter. If initial submittal of reference base material takes place after July 1st in any given year operator shall be exempted for resubmitting updated reference base information the following January 1st but shall be required to resubmit updated reference base material every January 1st thereafter.

1. The name and address of the operator and the names and addresses of any persons designated by him as his agent for the service of process;

2. The anticipated quantity and type of materials for which the surface mining operation is to be conducted;

3. The proposed dates for the initiation and termination of such operation;

4. The maximum anticipated depth and area of the surface mining operation;

5. The size and the legal description of the land that will be affected by such operation, a map that includes the boundaries and topographic details of such lands, a description of the geology of the area in which surface mining is to be conducted; if in the Coastal Zone, a line indicating the tsunami run-up line; the location of all rare and endangered plant and animal species and their habitat in the area where surface mining is to be conducted; the location of all streams, roads, railroads and utility facilities within or adjacent to such lands; the location of all proposed access roads to be constructed in conducting such operation; and the names and addresses of the owners of all surface and mineral interests of such lands;

6. A description of the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that the reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation;

7. A description of the proposed use or potential uses of the land after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses;

8. A description of the manner in which reclamation adequate for the proposed use or potential uses will be accomplished, including:

9. An assessment of the effect of implementation of the reclamation plan on future mining in the area;

10. A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan; and acknowledgement that the obligations of the plan transfer from one operator to another on a site;

11. An environmental assessment of the area to be mined executed by at least a qualified biologist and a qualified geologist selected from the city’s list;

12. If in the environmental assessment, any rare and endangered species habitats and/or shoreline erosion are found to be present on the site, an environmental impact report must be completed and all mitigations, including those for rare and endangered species and/or shoreline erosion, included in the proposed reclamation plan;

13. Compliance and conformance with the Marina local coastal program and city’s general plan, zoning ordinance and any other pertinent city ordinances and regulations;

14. Map of all areas mined prior to January 1, 1976;

15. Any other information which the planning commission may require as pertinent to the determination of the adequacy of the proposed plan.

1. Written request is provided by the operator prior to expiration of initial two-year time period.

2. Operator shall submit evidence to planning commission or city council showing good cause for the extension request.